Family Law

Key points to consider when negotiating your divorce settlement

March 27th 2019
 

When negotiating a divorce financial settlement, both the sides should be realistic of their monetary demands. One of the major tasks a couple face when they divorce is to decide on a fair financial settlement: how much should each partner get once their joint matrimonial assets are divided up? Negotiating a divorce financial settlement The courts will always try to ensure that both partners are treated fairly and will insist…

Why your child has a legal right to be heard in divorce proceedings

February 28th 2019
 

Laura Ousby Solicitor Every parent wants the best for their child…but sometimes in the emotional turmoil of a divorce, that natural protective instinct can become a little blurred. It means that in some cases, children are caught in the cross fire between warring couples.  They can feel as though they are being overlooked and that their views are not being taken into account. A survey by the family law group…

Child arrangements – what is normal?

February 11th 2019
 

By Laura Ousby Solicitor One of the most common questions I am asked when I meet parents who are going through separation or divorce and are looking to make arrangements for contact with their child is “what is normal?” My usual response is that there is no “normal”.  Every family is unique and to suggest something is “normal” can lead parents to make arrangements that are unsuitable and do not…

Key points to consider about pre-nup agreements

February 1st 2019
 

By Julian Nelson, Director & Head of Family Law Pre-ups used to be associated mainly with the rich and famous, but they’re now being used by couples from all walks of life. They are particularly popular with people entering second marriages who want to safeguard their assets for their children from a previous relationship. People who have inherited money or perhaps been awarded compensation for an injury or employment claim…

Julian Nelson, Cartmell Shepherd Solicitors

What is a reasonable excuse to breach child arrangement order?

January 21st 2019
 

By Laura Ousby, Solicitor A Child Arrangements Order is a court order regulating arrangements with whom a child is to live, spend time or otherwise have contact and when a child is to live, spend time or otherwise have contact with any person and is usually the last resort when arrangements cannot be agreed amicably. It is most common for such Orders to be made between mums and dads. The…

Do I have grounds for Divorce?

December 18th 2018
 

By Sally Irving Trainee Solicitor Under the law of England and Wales, there is only one ground for divorce: the irretrievable breakdown of a marriage. Most think that this alone is enough to make them eligible for a divorce – it’s not. Evidence needs to be provided to the Court to show that the marriage has broken down irretrievably and this is done by proving one of five facts: Adultery…

Warring couples must put their children first this Christmas

November 29th 2018
 

Laura Ousby Solicitor The magic of Christmas can be ruined for many children as they get caught up in a bitter tug of war between their separated parents. Imagine the stress they could face if they become the unwilling prize in a fight between the two people they love the most – their mum and dad. Sadly, it’s still the case that some parents use their children as a way…

Key steps for child arrangements if you’re getting divorced

October 22nd 2018
 

By Laura Ousby Solicitor Couples face several new challenges when getting divorced but one of the most important is deciding what will happen to the children. Will they live with mum or dad…or both at different times? How much contact should each parent have? How much will each parent pay towards their children’s upkeep? These can be complicated issues but it’s crucial that couples make the right decisions if they’re…

Living together before marriage – “We’ll never split up!”

September 25th 2018
 

By Laura Ousby Solicitor Living together as “husband and wife” without marrying does not present the same legal rights as marriage, particularly on separation. When couples move in together they think that it will be forever and they will never separate.  After all, it isn’t very romantic to think that one day it may end. The reality is, however, that many cohabiting couples do separate and what they think will…

Changes to divorce law ‘could make separations less painful’

August 31st 2018
 

Julian Nelson, Head of Family Law explains that the government is being urged to introduce major changes to divorce laws to reduce the stress and difficulties faced by couples when their marriage breaks down. A private member’s bill put forward by Baroness Butler-Sloss proposes a system of no-fault divorce. It would be the first major change to divorce laws in England and Wales for 50 years and could help up…

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